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2017-003 - Amending Chapter 17 Section 17.46 Definitions and Section 17.53, Prohibition of Smoking in Enclosed Place of EmploymentORDINANCE NO. 2017 -003 AN ORDINANCE OF THE CITY OF PARIS, TEXAS, AMENDING ARTICLE III, "SMOKING REGULATIONS," OF CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS BY AMENDING SECTION 17.46, "DEFINITIONS," AND SECTION 17.53, "PROHIBITION OF SMOKING IN ENCLOSED PLACE OF EMPLOYMENT "; MAKING OTHER FINDINGS RELATED TO THE SAME; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 24, 2014, the City Council of the City of Paris, Texas approved Ordinance 2014 -003 Amending Article III, Chapter 17 of the Code of Ordinances, prohibiting smoking in public places; and WHEREAS, the need has arisen to amend the ordinance with regard to enclosed places of employment; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the definition of "enclosed area" in existing Section 17.46, "Definitions," of Chapter 17, Article III, "Smoking Regulations," of the Paris Code of Ordinances is hereby amended to read in pertinent parts, as follows: "`Enclosed area' means all space between a floor and a ceiling that is enclosed on at Least three (3) sides by walls, windows (whether open or closed), or other barrier (exclusive of doors or passageways) which extend from the floor to the ceiling. A wall includes any closed retractable divider, garage door, or other physical barrier, whether temporary or permanent and whether or not containing openings of any kind." Section 2. That existing Section 17.53(a), "Prohibition of Smoking in Enclosed Places of Employment," of Chapter 17, Article III, "Smoking Regulations" of the Paris Code of Ordinances is hereby amended to read in pertinent part, as follows: "(a) Except as otherwise provided herein, smoking shall be prohibited in all enclosed areas or places of employment. This includes, but is not limited to: common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities. If the openings in an unenclosed area are covered or closed, such that the area at the time meets the definition of being enclosed, then smoking must be prohibited in the area while the openings are covered or closed." Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict Page 1 of 2 with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris, Texas not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section S. That any person violating any provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1 -6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above - enumerated sections shall constitute and be deemed a separate offense. Section 6. That it is the intention of the City Council of the City of Paris that this ordinance and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 7. That this ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED this 9th day of January, 2017. CI A.J. HaRPLI M .D., M yor ATTEST: GJanice Ellis, City Clerk " " ". RO ED AS JO FORM: St anie H. Harris, City Attorney Page 2 of 2